One of the core problems of German Internet law today is the question of whether, and, if yes, under which conditions, Internet providers of all kinds can be held liable for content published by their users (or embedded by them). The issue arises for content communities (think YouTube), Internet forums, blogs (thing embedded content and user comments), wikis, social networking sites (you know who), but poses the same questions for “generic” host providers or sharehosters (I hardly dare write the word). Continue reading
Tag Archives: cease and desist
Proposal for a New Neighboring Right for Press Publishers
The German Federal Ministry of Justice has published the long-awaited proposal for the implementation of a new neighboring right for press publishers. According to the reason given for the draft, press publishers will be granted the neighboring right in order to ease their lives in our digital times (by way of making sure that they receive a compensation for the specific work that they do).
For more than three years, press publishers have lobbied for a new IPR as a prerequisite to maintain quality journalism in the digital age. As was to be expected, the request has been quite heavily criticized by renowned scholars, the German industry and interest groups like IGEL (initiative against a neighboring right for press publishers) – with quite a notable list of supporters. The most notable opponent of such a new right (and main target of the press publishers) is Google, aka the usual suspect.
From the point of view of the press publishers who want and need to be able to gain noteworthy profits from their online press publications, Google’s business model unjustly exploits their content and publications. News aggregators like Google News are said to be a prime example of the internet age’s free riding business models massively harming the press publishers as advertising budgets are not spent where the content comes from. On the other hand, a neighboring right that will protect an individual sentence or a few words taken from an article would obviously be substantially cutting into freedoms that most Internet users have become accustomed to. Continue reading